Commonwealth Numbered Regulations

1995 No. 2 FAMILY LAW RULES (AMENDMENT) - RULE 22

22.1 Form 12A, Part B (Application and Applicant's Affidavit): Omit paragraph
8.

22.2 Form 12A, Part B (Applicant's Affidavit): Omit paragraphs 2-9 (inclusive)
of the applicant's affidavit, substitute:

"2. I am aware of my right to seek independent legal advice.

"3. I *have/*have not received independent legal advice on my rights under the
Family Law Act 1975 and on the effect and consequences of the making of the
orders set out in Part A.

"4. At the date of filing, I am:

*(a) an Australian citizen;

*(b) ordinarily resident in Australia;

*(c) present in Australia.

"5. The orders have been agreed upon by all parties.

"6. In applying for the orders set out in Part A, I have considered the
following factors:

*(1) (a) the direct and indirect financial and other contributions of each
party to the acquisition, conservation and improvement of the property and
financial resources of each of the parties; and

   (b)  the contribution of each party to the welfare of the family; and

   (c)  the present and future earning capacity of each party; and

   (d)  the present and future circumstances of each party.

*(2) the best interests of the *child/*children referred to in paragraph 4 of
Part B.

"7. I have read this application (including Part A).

"8. The matters stated in this application that are within my personal
knowledge are true.

"9. All other matters stated in the application are true to the best of my
knowledge, information and belief.

"10. Where I give any estimate in the application, it is based on knowledge,
information and belief and is given in good faith. INSTRUCTIONS: Omit
paragraph 11 if item 7 of Part B is not required to be filled in.

"11. I have no assets or income or any interest in a superannuation fund or
deceased estate or trust, present or future, except as set out in the
application.".

22.3 Form 12A, Part C (Respondent's Affidavit): Omit paragraphs 2-10
(inclusive) of the respondent's affidavit, substitute:

"2. I am aware of my right to seek independent legal advice.

"3. I *have/*have not received independent legal advice on my rights under the
Family Law Act 1975 and on the effect and consequences of the making of the
orders set out in Part A.

"4. At the date of filing, I am:

*(a) an Australian citizen;

*(b) ordinarily resident in Australia;

*(c) present in Australia.

"5. I consent to the making of the orders set out in Part A.

"6. The orders have been agreed upon by all parties.

"7. In consenting to the orders set out in Part A, I have considered the
following factors:

*(1) (a) the direct and indirect financial and other contributions of each
party to the acquisition, conservation and improvement of the property and
financial resources of each of the parties; and

   (b)  the contribution of each party to the welfare of the family; and

   (c)  the present and future earning capacity of each party; and

   (d)  the present and future circumstances of each party.

*(2) the best interests of the *child/*children referred to in paragraph 4 of
Part B.

"8. I have read this application (including Parts A and B).

"9. The matters stated in this application (including Part B) that are within
my personal knowledge are true.

"10. All other matters stated in the application (including Part B) are true
to the best of my knowledge, information and belief.

"11. Where I give any estimate in the application, it is based on knowledge,
information and belief and is given in good faith. INSTRUCTIONS: Omit
paragraph 12 if item 7 of Part B is not required to be filled in.

"12. I have no assets or income or any interest in a superannuation fund or
deceased estate or trust, present or future, except as set out in paragraph 7
of Part B of this application.".

22.4 New Forms 41B and 41C: After Form 41A, insert:
                        "FORM 41B                Order 31C

NOTICE OF A CONSTITUTIONAL MATTER UNDER REGON 78B
OF THE JUDICIARY ACT 1903
IN THE FAMILY COURT               No.            of 19
OF AUSTRALIA AT
BETWEEN
Applicant



Respondent 1. (Full name of party giving notice) gives notice that the above
proceeding involves a matter arising under the Constitution or involving its
interpretation within the meaning of section 78B of the Judiciary Act 1903.
2.) (Specify the nature of the matter) 3.) 4.) (Specify the facts showing that
the matter is one to which section 78B of the Judiciary Act 1903 applies) 5.)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Signature of *solicitor/*applicant)

*Omit if not applicable.
____________

                             "FORM 41C            ORDER 32, RULE 2A
HEADING OF DOCUMENT IN APPEAL
IN THE FAMILY COURT                   Appeal No.            of 19
OF AUSTRALIA BETWEEN
Appellant (husband,
wife or other person)

Respondent (husband,
wife or other person)".
____________

22.5 Form 42:
Omit "From No.     (filing registry number)".


22.6 Form 42: Omit:

"DATE OF DECREE OF JUDGMENT:

"REGISTRY OR PLACE WHERE DECREE MADE:"; substitute:

"DATE OF DECREE OR ORDER:

"REGISTRY OR PLACE WHERE DECREE OR ORDER MADE:

"FILE NUMBER IN PLACE OR REGISTRY WHERE DECREE OR ORDER MADE:".

22.7 Form 42B: Omit the Form, substitute:
                         "FORM 42B      ORDER 32, RULES 19A AND 21C

NOTICE OF WITHDRAWAL (Name of party) hereby gives notice of withdrawal of the
*application/*notice of appeal filed in these proceedings on (insert date). 2.
The *application/*notice of appeal is withdrawn *wholly/*only as to (give
particulars).

. . . . . . . . . . . . . . . . . . . . . . . . . .
(*Solicitor for party/*party)

*Omit if not applicable.".
____________

22.8 Form 50, Notes: Add at the end:

"3. If an order made by a court (including a court of a prescribed overseas
jurisdiction), under subsection 64 (9) of the Family Law Act 1975 with respect
to the custody of a child, or under subsection 64 (10) of the Act entitling a
person to access to a child, is in force, a court having jurisdiction under
Part VII of the Act may issue a warrant authorising or directing the person,
or any of the persons, to whom it is addressed, for the purpose of giving
effect to the order:

   (a)  at any time, with such assistance as he or she requires or they
        require, and if necessary by force:

        (i)    to stop and search any vehicle, vessel or aircraft, and to
               enter and search any premises or place, named or described in
               the warrant; and

        (ii)   to take possession of the child; and

   (b)  to deliver the child:

        (i)    to the person entitled to custody or to some other person or
               authority (including a person or authority in or from a
               prescribed overseas jurisdiction) named in the order on behalf
               of the person entitled to custody; or

        (ii)   to the person entitled to access.".

22.9 Form 66: Omit "(name of child or children)", substitute "the following

*child/*children".

22.10 Form 66: Omit "*PARTICULARS OF ALLEGED ABUSE", substitute:

"PARTICULARS OF CHILD (Set out, in the format shown below, the following
particulars of each child to whom this notice relates)
FULL NAME:
SEX:
DATE OF BIRTH:
RESIDENTIAL ADDRESS:
NAME(S) OF PERSON(S) IN WHOSE CARE CHILD RESIDES:

*PARTICULARS OF ALLEGED ABUSE".

22.11 Form 67: Omit the Form, substitute:
                      "FORM 67                     ORDER 32A, RULE 2

APPLICATION FOR LEAVE TO APPEAL TO FULL COURT REGON (insert section) OF THE
(insert name of relevant Act) ACT 19

IN THE FAMILY COURT                   Appeal No.            of 19
OF AUSTRALIA AT BETWEEN
Applicant (husband, wife or other person)

Respondent (husband, wife or other person) DATE OF FILING: THIS APPLICATION is
made by: (insert full name).

APPLICANT'S ADDRESS FOR SERVICE:

DATE*S OF HEARING: DATE OF DECREE OR ORDER: NAME OF JUDGE: NAME OF COURT:
REGISTRY OR PLACE WHERE DECREE OR ORDER MADE: FILE NUMBER IN REGISTRY OR PLACE
WHERE DECREE OR ORDER MADE:

TO: The Respondent:

TAKE NOTICE that the attached application has been set down before Justice
(insert name) sitting at (insert place) on (insert date) at (insert time)

*am/*pm for the giving of directions under Order 32A, rules 6 and 7.

Dated                             19     .


. . . . . . . . . . . . . . . . . . . . .
(Regional appeals registrar)

APPLICATION 1. The applicant applies for leave to appeal from:

* the whole of the decree or order. (or)

* the following parts of the decree or order:
(set out the relevant parts of the decree or order, using an annexure if
necessary) 2. The facts on which this application is based are set out in the
affidavit of (insert full name) filed with this application. 3. This
application was *prepared/*settled by (name of counsel, solicitor or
applicant).

Dated                             19     .
. . . . . . . . . . . . . . . . . . . . .
(Signature of *counsel/*solicitor/*applicant)

*Omit if not applicable.".